Property Flashcards
(15 cards)
Race-notice statute
You only win if:
1. You’re a bona fide purchaser
2. You didn’t know someone else had a claim at time of purchase
3. You recorded your purchase first
Recording statute
Laws that decide who wins when two people both claim rights to the same property.
What is privity of estate in landlord-tenant law?
a person who is in possession (resides in) of the leased property has privity of estate with the landlord
What happens to privity of estate when an assignment happens?
the original tenant loses privity of estate and the assignee (new tenant) has privity of estate.
Does a quitclaim deed include any covenants for title?
No. A quitclaim deed conveys whatever interest the grantor has, with no warranties or covenants
Who can enforce future covenants in a general warranty deed?
Subsequent grantees because future covenants run with the land
Who can sue on a covenant of title in a property chain?
Only a grantee who received a deed with covenants (like a general or special warranty deed) can sue the grantor who gave that deed.
What is the effect of a general warranty deed?
It includes covenants protecting the grantee against all title defects, including those caused by previous owners.
What are the present covenants?
Seisin (I own the estate), Right to convey (I can transfer it), Against encumberances (no undisclosed liens or claims)
What are the future covenants?
Quiet enjoyment (you won’t be disturbed by someone with superior title), Warranty (I’ll defend against claims), Further Assurances (I’ll do what’s needed to perfect the title)
How can an easement be extinguished by abandonment?
The owner must show clear intent to permanently abandon the easement through physical action.
Is an easement terminated by long periods of nonuse?
No. Mere nonuse of an easement does not terminate it.
What happens when a joint tenant conveys their interest in the property?
The joint tenancy is severed, and the transferee holds the interest as a tenant in common with the other co-tenants.
What type of ownership replaces a joint tenancy after one co-tenant conveys their interest?
The new co-ownership becomes a tenancy in common.
Does conveying a joint tenancy interest affect the remaining joint tenants’ rights of survivorship?
Yes. The right of survivorship is destroyed for the conveyed share.
